Public Notice TEL01482

International Telecommunications

Action Taken Public Notice

2011-02-24

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16 Filings Included [expand]

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PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 11-347 Report No. TEL-01482 Thursday February 24, 2011 INTERNATIONAL AUTHORIZATIONS GRANTED Section 214 Applications (47 C.F.R. § 63.18); Section 310(b)(4) Requests The following applications have been granted pursuant to the Commission’s streamlined processing procedures set forth in Section 63.12 of the Commission’s rules, 47 C.F.R. § 63.12, other provisions of the Commission’s rules, or procedures set forth in an earlier public notice listing applications accepted for filing. Unless otherwise noted, these grants authorize the applicants (1) to become a facilities-based international common carrier subject to 47 C.F.R. § 63.22; and/or (2) to become a resale-based international common carrier subject to 47 C.F.R. § 63.23; or (3) to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b)(4). THIS PUBLIC NOTICE SERVES AS EACH NEWLY AUTHORIZED CARRIER'S SECTION 214 CERTIFICATE. It contains general and specific conditions, which are set forth below. Newly authorized carriers should carefully review the terms and conditions of their authorizations. Failure to comply with general or specific conditions of an authorization, or with other relevant Commission rules and policies, could result in fines and forfeitures. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules in regard to the grant of any of these applications may be filed within thirty days of this public notice (see Section 1.4(b)(2)). An updated version of Sections 63.09–.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. For additional information, please contact the FCC Reference and Information Center, Room CY-A257, 445 12th Street SW, Washington, D.C. 20554, (202) 418-0270. Page 1 of 8

ISP-PDR-20101022-00019 E eLandia International, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 02/15/2011 eLandia International Inc. (eLandia) requests a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. section 310(b)(4), that it will serve the public interest to allow up to 100 percent indirect foreign ownership of its subsidiaries - AST Telecom, LLC d/b/a/ Blue Sky Communications (Blue Sky) and American Samoa License, Inc. (ASLI). eLandia specifically requests that Amper, S.A. (Amper), a widely-held Spanish corporation, be allowed to hold up to an 84.88 percent indirect interest in Blue Sky and ASLI, and requests the ruling permit additional foreign ownership, up to 100 percent, to allow eLandia to exercise an option in the future that would result in a significant increase in Amper's ownership of eLandia and to accommodate incremental shifts in ownership that may occur as a result of minor changes in shareholdings of companies or individuals in the ownership chain. eLandia filed its section 310(b)(4) petition in connection with applications for transfer of control that include common carrier radio licenses. eLandia is a holding company organized in Delaware. Blue Sky, a Delaware limited liability company, is a direct, wholly-owned subsidiary of eLandia and holds Advanced Wireless Service (AWS), 700 MHz Lower Band, and earth station licenses. ASLI, an American Samoa corporation, is a direct, wholly-owned owned subsidiary of Blue Sky and holds broadband Personal Communications Service (PCS), Cellular Radiotelephone Service, and earth station licenses. eLandia states that upon execution of an agreement whereby current shareholders of eLandia will transfer substantial ownership interests in eLandia to Amper, eLandia will be owned by the following entities: Amper (84.88%); SIBL, an Antigua and Barbuda limited company controlled by a United States citizen receiver (6.75%); Jorge Enrique Alverado Amado, an Italian citizen (1.37%); Michael Ah Koy, a Fijian citizen (0.37%); other shareholders of Fijian nationality (0.41%); other shareholders of unknown nationality (0.31%); W & R South Pacific, L.P. (W & R), a Washington partnership (0.71%) and other U.S. shareholders, most of whom are officers, directors and employees of eLandia (4.77%). W & R is owned by Barry and Fay Alailima Rose, citizens of the United States (directly, in limited partnership interests of 98%) and W & R Inc., an American Samoa corporation (directly as a general partner with a 2% interest), which in turn is 100 percent owned by Barry and Fay Alailima. Antigua and Barbuda and Fiji are both Members of the World Trade Organization ("WTO"). According to eLandia, Amper's shares are publicly traded on the Madrid Stock Exchange and are widely held. It states that Amper has only one 10 percent-or-greater shareholder: Tvikap AB, an entity organized in Sweden (22.011%) having shareholders all of Spanish citizenship. Amper also has eight one-percent-or-greater direct or indirect shareholders: Banco Castilla La Mancha, a savings bank organized in Spain (9.946%); Telefonica S.A., an entity organized in Spain (5.78%); Monte de Piedad y Caja de Ahorros San Fernando de Huelva, Jerez y Sevilla, a savings bank organized in Spain (5.1%); Naropa Capital S.L., an entity organized in Spain (5.06%); Liquidambar Inversiones Financieras, S.L., an entity organized in Spain (5.0%); Compania de Seguros y Reaseguros, an insurance company organized in Spain (2.97%); Goldman Sachs Securities (Nominees) Limited, an entity organized in the United Kingdom (1.82%) and State Street Bank and Trust Co., a Massachusetts organized entity (1.21%). Amper itself owns 2.24 percent of its shares as treasury shares. Spain, Sweden, and the United Kingdom are all WTO Members. Pursuant to the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that the indirect foreign ownership of Blue Sky and ASLI in excess of the 25 percent benchmark in section 310(b)(4) is consistent with the public interest. Specifically, this ruling allows indirect foreign ownership of Blue Sky and ASLI by Amper, S.A. (individually, up to and including 100% of the equity and voting interests) and Amper, S.A.'s shareholders (collectively, up to and including 100% of the equity and voting interests). Blue Sky and ASLI may accept up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from other foreign investors without seeking prior Commission approval under section 310(b)(4) subject to the following conditions: (1) Blue Sky and ASLI shall obtain prior Commission approval before any foreign individual or entity other than Amper, S.A. acquires an indirect equity and/or voting interest in excess of 25 percent; and (2) Blue Sky and ASLI shall obtain prior Commission approval before their indirect equity and/or voting interests from non-WTO Member countries (including interests from unknown countries) exceeds 25 percent. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on February 11, 2011, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition this grant on Amper, S.A., eLandia International Inc., and Pete Pizarro abiding by the commitments and undertakings contained in (1) the February 2, 2011 National Security Agreement between American Samoa Hawaii Cable, LLC, Samoa American Samoa Cable, LLC, American Samoa License, Inc. and AST Telecom, LLC d/b/a Blue Sky Communications, on the one hand, and DOJ and DHS, on the other (February 2, 2011 Security Agreement), and (2) the February 1, 2011 letter from Amper S.A. and eLandia International Inc. to DOJ, DHS and the FCC (February 1, 2011 Letter). A copy of the Petition, the February 2, 2011 Security Agreement, and the February 1, 2011 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20101022-00019 and accessing "Other filings related to this application" from the Document Viewing area. This authorization is granted without prejudice to the Commission's action in any other related pending proceedings. ITC-214-20110120-00016 E Mainberg USA Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). Page 2 of 8

ITC-214-20110121-00007 E Phone Time International Company International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20110125-00008 E Spread Telecommunications, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20110127-00022 E Access Long Distance Inc International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20110128-00023 E Managed Services, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20110131-00021 E Public Interest Network Services, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. ITC-214-20110201-00040 E C-lect Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20110201-00041 E Shoreham Telephone Company, Inc. d/b/a Shoreham Long Distance International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/18/2011 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). Page 3 of 8

ITC-ASG-20110204-00042 E Horry Telephone Cooperative, Inc Assignment Grant of Authority Date of Action: 02/23/2011 Current Licensee: Horry Telephone Long Distance, Inc. FROM: Horry Telephone Long Distance, Inc. TO: Horry Telephone Cooperative, Inc Notification filed on February 4, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-19911213-00018, held by Horry Telephone Long Distance, Inc. (HTLD) to its parent Horry Telephone Cooperative, Inc., effective January 1, 2011. Upon closing, HTLD was dissolved. ITC-ASG-20110211-00048 E Intelsat USA License LLC Assignment Grant of Authority Date of Action: 02/23/2011 Current Licensee: Intelsat USA License Corp. FROM: Intelsat USA License Corp. TO: Intelsat USA License LLC Notification filed on February 11, 2011, of the pro forma assignment of international section 214 authorizations, ITC-MOD-20051007-00445, ITC-214-20051031-00443, ITC-214-19930829-00248 (Old File No. ITC-94-272), ITC-214-19920318-00117 (Old File No. ITC-92-141), held by Intelsat USA License Corp. to Intelsat USA License LLC, effective January 12, 2011. In an internal corporate reorganization, Intelsat USA License Corp. was merged into Intelsat USA License LLC with Intelsat USA License LLC being the surviving entity. Intelsat USA License Corp. was, and Intelsat USA License LLC continues to be, an indirect wholly-owned subsidiary of Intelsat Global S.A. ITC-T/C-20101025-00425 E American Samoa License, Inc. Transfer of Control Grant of Authority Date of Action: 02/15/2011 Current Licensee: American Samoa License, Inc. FROM: eLandia International, Inc. TO: Amper, S.A. Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-19980918-00671 and ITC-214-19981207-00860, held by American Samoa License, Inc. (ASL), from the current shareholders of eLandia International, Inc. (eLandia) to Amper, S.A. (Amper). ASL is an indirect wholly-owned subsidiary of eLandia. On July 29, 2010, eLandia and Amper entered into a Contribution Agreement, whereby Amper will acquire approximately 84.88% of eLandia's issued and outstanding shares of common stock and thus will gain control over eLandia and its subsidiaries. The existing ownership interests of the current shareholders will be diluted by eLandia's newly issued common stock. The Contribution Agreement also provides an option whereby, if exercised, Amper's ownership of eLandia would increase significantly. Amper will be the only individual or entity with a 10 percent or greater ownership of eLandia. Amper's shares are widely held. Tvikap AB, an entity organized in Sweden, holds a 22.011% interest in Amper. No other individual or entity will have a ten percent or greater direct or indirect equity or voting interest in Amper, eLandia or ASL. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on February 11, 2011, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of the application on Amper S.A., eLandia International Inc. and Pete Pizarro abiding by the commitments and undertakings contained in (1) the February 2, 2011 National Security Agreement between American Samoa Hawaii Cable, LLC, Samoa American Samoa Cable, LLC, American Samoa License, Inc. and AST Telecom, LLC d/b/a Blue Sky Communications, on the one hand, and DOJ and DHS, on the other (February 2, 2011 Security Agreement), and (2) the February 1, 2011 letter from Amper S.A. and eLandia International Inc. to DOJ, DHS and the FCC (February 1, 2011 Letter). A copy of the Petition, the February 2, 2011 Security Agreement, and the February 1, 2011 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20101025-00425 and accessing "Other filings related to this application" from the Document Viewing area. This authorization is granted without prejudice to the Commission's action in any other related pending proceedings. Page 4 of 8

ITC-T/C-20110112-00010 E YourTel America, Inc. Transfer of Control Grant of Authority Date of Action: 02/18/2011 Current Licensee: YourTel America, Inc. FROM: YourTel America, Inc. TO: YourTel America, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20060608-00309, held by YourTel America, Inc. (YourTel), from the current shareholders to a new group of shareholders. Pursuant to the terms of a stock purchase agreement, the current shareholders - David A. Garza (Mr. Garza) (80%), Paul N. Hicks (10%), and Dale R. Schmick (10%) - will sell stock in the company to four additional shareholders, thus diluting their interests and resulting in a transfer of control. Upon consummation the following will have a 10 percent or greater ownership interest in YourTel: (1) The Richard Paul Yurich Revocable Living Trust (trustee Jason Hirzel; beneficiaries Jennifer Renee Yurich, Rylee Yurich, Ryan Yurich, and Cruz Yurich, all U.S. citizens) (34%); (2) The Jason G. Hirzel Trust (trustee Richard Yurich; beneficiaries Kelley Jo Hirzel, Hayden Grant Hirzel, Landen Wayne Hirzel, and Kellen Jase Hirzel, all U.S. citizens) (19%); (3) The Jeffrey L. White Revocable Trust (trustee and beneficiary Jeffrey White, a U.S. citizen) (10%), and(4) Mr. Garza (27%). No other individual or entity will hold directly or indirectly 10 percent or greater equity or voting interests in YourTel. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20110114-00011 E Saturn Telecommunication Services Inc. Transfer of Control Grant of Authority Date of Action: 02/18/2011 Current Licensee: Saturn Telecommunication Services Inc. FROM: Saturn Telecommunication Services Inc. TO: DeltaCom, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070427-00165, held by Saturn Telecommunication Services, Inc, d/b/a STS Telecom (Saturn), from its current shareholders to DeltaCom, Inc. (DeltaCom). Pursuant to the terms of a share purchase agreement executed between the current shareholders of Saturn and DeltaCom, DeltaCom will purchase all of the current shareholders' equity interests in Saturn. Upon closing, Saturn will be wholly owned by DeltaCom. DeltaCom is a wholly-owned subsidiary of Interstate FiberNet, Inc., which in turn is wholly owned by ITC^DeltaCom, Inc., which is in turn a wholly-owned subsidiary of EarthLink, Inc. EarthLink is a publicly traded corporation in which no individual or entity has a ten percent or greater direct or indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20110114-00014 E STS Telecom, LLC Transfer of Control Grant of Authority Date of Action: 02/18/2011 Current Licensee: STS Telecom, LLC FROM: STS Telecom, LLC TO: DeltaCom, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20050325-00139, held by STS Telecom, LLC (STS), from its current shareholders to DeltaCom, Inc. (DeltaCom). Pursuant to the terms of a share purchase agreement executed between the current shareholders of STS and DeltaCom, DeltaCom will purchase all of the current shareholders' equity interests in STS. Upon closing, STS will be wholly owned by DeltaCom. DeltaCom is a wholly-owned subsidiary of Interstate FiberNet, Inc., which in turn is wholly owned by ITC^DeltaCom, Inc., which is in turn a wholly-owned subsidiary of EarthLink, Inc. EarthLink is a publicly traded corporation in which no individual or entity has a ten percent or greater direct or indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 5 of 8

ITC-T/C-20110211-00047 E Intelsat General Corporation Transfer of Control Grant of Authority Date of Action: 02/23/2011 Current Licensee: Intelsat General Corporation FROM: Intelsat USA Sales Corp. TO: Intelsat USA Sales LLC Notification filed on February 11, 2011, of the pro forma transfer of control of international section 214 authorization, ITC-MOD-20050329-00170, held by Intelsat General Corporation, from Intelsat USA Sales Corp. to Intelsat USA Sales LLC, effective January 12, 2011. Intelsat General Corporation was a wholly-owned subsidiary of Intelsat USA Sales Corp. In an internal corporate reorganization, Intelsat USA Sales Corp. was merged into Intelsat USA Sales LLC with Intelsat USA Sales LLC being the surviving entity. Intelsat General Corporation is now a wholly-owned subsidiary of Intelsat USA Sales LLC. Intelsat USA Sales Corp. was, and Intelsat USA Sales LLC and Intelsat General Corporation continue to be, a indirect wholly-owned subsidiaries of Intelsat Global S.A. Page 6 of 8

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is attached to this Public Notice. The list applies to all U.S. international carriers, including those that have previously received global or limited global Section 214 authority, whether by Public Notice or specific written order. Carriers are advised that the attached Exclusion List is subject to amendment at any time pursuant to the procedures set forth in Streamlining the International Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, 11 FCC Rcd 12884 (1996), para. 18. A copy of the current Exclusion List will be maintained in the FCC Reference and Information Center and will be available at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. It also will be attached to each Public Notice that grants international Section 214 authority. (2) The export of telecommunications services and related payments to countries that are subject to economic sanctions may be restricted. For information concerning current restrictions, call the Office of Foreign Assets Control, U.S. Department of the Treasury, (202) 622-2520. (3) Carriers shall comply with the requirements of Section 63.11 of the Commission's rules, which requires notification by, and in certain circumstances prior notification by, U.S. carriers acquiring an affiliation with foreign carriers. A carrier that acquires an affiliation with a foreign carrier will be subject to possible reclassification as a dominant carrier on an affiliated route pursuant to the provisions of Section 63.10 of the rules. (4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements contained in Sections 43.51, 64.1001 and 64.1002 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001, 64.1002. The Commission modified these requirements most recently in International Settlements Policy Reform: International Settlement Rates, First Report and Order, FCC 04-53, 19 FCC Rcd 5709 (2004). In addition, any carrier interconnecting private lines to the U.S. public switched network at its switch, including any switch in which the carrier obtains capacity either through lease or otherwise, shall file annually with the Chief, International Bureau, a certified statement containing, on a country-specific basis, the number and type (e.g., 64 kbps circuits) of private lines interconnected in such manner. The Commission will treat the country of origin information as confidential. Carriers need not file their contracts for interconnection unless the Commission specifically requests. Carriers shall file their annual report on February 1 (covering international private lines interconnected during the preceding January 1 to December 31 period) of each year. International private lines to countries which the Commission has exempted from the International Settlements Policy at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. § 43.51(d). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (5) Carriers authorized to provide private line service either on a facilities or resale basis are limited to the provision of such private line service only between the United States and those foreign points covered by their referenced applications for Section 214 authority. A carrier may provide switched services over its authorized resold private lines in the circumstances specified in Section 63.23(d) of the rules, 47 C.F. R. § 63.23(d). (6) A carrier may engage in "switched hubbing" to countries that do not appear on the Commission's list of U.S. international routes that are exempt from the International Settlements Policy, set forth in Section 64.1002, 47 C.F.R. § 64.1002, provided the carrier complies with the requirements of Section 63.17(b) of the rules, 47 C.F.R. § 63.17(b). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (7) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (8) Carriers regulated as dominant for the provision of a particular communications service on a particular route for any reason other than a foreign carrier affiliation under Section 63.10 of the rules shall file tariffs pursuant to Section 203 of the Communications Act, as amended, 47 U.S.C. § 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61. Carriers shall not otherwise file tariffs except as permitted by Section 61.19 of the rules, 47 C.F.R. § 61.19. Except as specified in Section 20.15 with respect to commercial mobile radio service providers, carriers regulated as non-dominant, as defined in Section 61.3, and providing detariffed international services pursuant to Section 61.19, must comply with all applicable public disclosure and maintenance of information requirements in Sections 42.10 and 42.11. (9) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). Carriers shall also file the quarterly reports required by Section 43.61 in the circumstances specified in paragraphs (b) and (c) of h S i Page 7 of 8

that Section. (10) Carriers shall file annual reports of circuit status and/or circuit additions in accordance with the requirements set forth in Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). See 47 C.F.R. § 43.82. See also §§ 63.22(e), 63.23(e). These requirements apply to facilities-based carriers and private line resellers, respectively. See also http:www.fcc.gov/ib/pd/pf/csmanual.html. (11) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. Further, the grant of these applications shall not be construed to include authorization for the transmission of money in connection with the services the applicants have been given authority to provide. The transmission of money is not considered to be a common carrier service. (12) If any carrier is reselling service obtained pursuant to a contract with another carrier, the services obtained by contract shall be made generally available by the underlying carrier to similarly situated customers at the same terms, conditions and rates. 47 U.S.C. § 203. (13) To the extent the applicant is, or is affiliated with, an incumbent independent local exchange carrier, as those terms are defined in Section 64.1902 of the rules, it shall provide the authorized services in compliance with the requirements of Section 64.1903. (14) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) is classified as dominant under Section 63.10 of the rules for the provision of such service on a particular route and (ii) is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide facilities-based switched service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission's relevant benchmark adopted in International Settlement Rates, IB Docket No. 96-261, Report and Order, 12 FCC Rcd 19806 (1997). See also Report and Order on Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this rule, "affiliated" and "foreign carrier" are defined in Section 63.09. Exclusion List for International Section 214 Authorizations The following is a list of countries and facilities not covered by grant of global Section 214 authority under Section 63.18(e)(1) of the Commission's Rules, 47 C.F.R. § 63.18(e)(1). In addition, the facilities listed shall not be used by U.S. carriers authorized under Section 63.18 of the Commission's Rules unless the carrier's Section 214 authorization specifically lists the facility. Carriers desiring to serve countries or use facilities listed as excluded hereon shall file a separate Section 214 application pursuant to Section 63.18(e)(3) of the Commission's Rules. See 47 C.F.R. § 63.22(c). Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice, DA 10-112, dated January 21, 2010, "Modification of Process to Accept Applications for Service to Cuba and Related Matters.") Facilities: All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at http://www.fcc.gov/ib/sd/se/permitted.html. See International Bureau Public Notice, DA 99-2844 (rel. Dec. 17, 1999). This list is subject to change by the Commission when the public interest requires. Before amending the list, the Commission will first issue a public notice giving affected parties the opportunity for comment and hearing on the proposed changes. The Commission may then release an order amending the exclusion list. This list also is subject to change upon issuance of an Executive Order. See Streamlining the Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, FCC 96-79, 11 FCC Rcd 12,884, released March 13, 1996 (61 Fed. Reg. 15,724, April 9, 1996). A current version of this list is maintained at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 8 of 8


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Document Modified: 2011-02-23 16:29:31
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